The purpose of this article is to present few observations on the possibility of using negative legal consequences against sentenced person arising from the regulations contained in the Penal Code and the Executive Penal Code based on presumption of re-committing a crime during the trial. This article is, therefore, an attempt to answer the question whether it is acceptable to the presumption of innocence as a principle of rebuttal could be disproved in other way than through the issuance of the final conviction. This principle has the aim to protect certain values and rights that everyone is entitled, by the same reason as being a human. Such rights, which protect the presumption of innocence are: right to liberty , right to a fair and reliable trial, right to dignity and the right to silence. The presumption of innocence is also designed to protect the defendant from incurring its negative consequences of reproaching the crime committed. It is here only for the consequences, that arise from the recognition of someone guilty of committing the alleged crime. Nevertheless in Penal Code and in Executive Penal Code we can find regulation that allows drawing for convicted person negative consequences in connection with accusing committing a crime during the trial or applying temporary detention. These are obviously in most regulations dealing with the optional use by court described institutions however, granting to the judicial authorities applied regulations that may reconcile with presumption of innocence can face into question the reliability of the entire criminal process and can be understood by keeping the process respecting low and freedom of the sites participating in it. Stability should in fact be based on convinced that it was only at a final finding of guilt of the accused in connection with the re-committing a crime by him he will bear negative consequences of legal in form such as: ordinance enforcement or revocation of conditional early release to serve the remainder of sentence. Meanwhile, despite the principle of presumption of innocence, the legislature allows for the existence of regulations that directly lead to violations of the rule, which is the foundation of the entire criminal process.
Uniwersytet Wrocławski, pl. Uniwersytecki , 50-137 Wrocław
Publication order reference